A Pennsylvania widow whose
residence was auctioned off because of $6.30 in unpaid interest won a
court ruling Monday giving her a chance to argue that she should not
lose the $280,000 home.
The Commonwealth Court decided that it
was a mistake for a Beaver County, Pa., judge to rule against Eileen
Battisti without first holding an evidentiary hearing, according to a court document. "This was particularly inappropriate because the outstanding liability was small and the value of the home was far greater than the amount paid by [the] purchaser," wrote Judge Mary Hannah Leavitt, according to the court documents.
(Read more from CNBC: Bank of America paid bonuses to foreclosure, suit says)
Leavitt said the state Supreme Court has "emphasized that due process
under both the United States and the Pennsylvania Constitutions must be
satisfied whenever the government subjects a citizen's property to
forfeiture for nonpayment for taxes." Battisti's lawyer said the woman still lives in her Aliquippa house, even though it was sold nearly two years ago for roughly $116,000, according to The Associated Press.
Battisti
then appealed the sale in county court, which decided in May 2012 that
she had received all notices required by law. However, just a month
later, a judge ordered that the Beaver County Tax Claim Bureau could not
issue a deed to the property to the buyer while Battisti appealed, the
AP reported.
(Read more from CNBC: Obama presses for quicker action on bank rules)Leavitt, in her opinion Monday, said Battisti was beset with a series of personal setbacks and had trouble handling finances after the 2004 death of her husband, who managed their money.
She later fell behind on assorted tax bills, but was under the impression she had paid them all in full, even though some were tardy, according to the AP.
The $6.30 penalty was included in her tax bill in 2009, which ballooned with interests and costs to $235 by late 2011, when her home was sold at auction, according to the AP.
The Associated Press contributed to this report
No comments:
Post a Comment